22-2303.Prosecution begun by filing indictment orinformation;issuance of warrant; summons.(1) When an indictment is returned, as provided by K.S.A.22-3011, and amendments thereto, aprosecution shall be deemed to have been begun. In misdemeanor cases,cigarette or tobacco infraction cases andtraffic infraction cases aprosecution may be begun by filing an information in the district court.Such information shall be verified positively or shall be accompanied byaffidavits stating the facts constituting the crime charged. When aninformation is filed under this section further proceedings shall be hadonly after the judge has determined from the information, or from anaffidavit or affidavits filed with the information or from other evidencethat there is probable cause to believe both that a crime has beencommitted and that the defendant has committed it.
(2) Except in traffic infraction and cigarette or tobacco infractioncases, when a prosecution is begunby the filing of an indictment orinformation, upon which the judge has made a finding of probable cause asprovided in subsection (1), a warrant for the arrest of thedefendant shall issue forthwith unless otherwise directed by the court. Infelonyand misdemeanor cases, the courtmay order that a summons issue instead of a warrant. In traffic infractionand cigarette or tobacco infraction cases the court shall order that asummons issue instead of a warrant.
22-2303.Prosecution begun by filing indictment orinformation;issuance of warrant; summons.(1) When an indictment is returned, as provided by K.S.A.22-3011, and amendments thereto, aprosecution shall be deemed to have been begun. In misdemeanor cases,cigarette or tobacco infraction cases andtraffic infraction cases aprosecution may be begun by filing an information in the district court.Such information shall be verified positively or shall be accompanied byaffidavits stating the facts constituting the crime charged. When aninformation is filed under this section further proceedings shall be hadonly after the judge has determined from the information, or from anaffidavit or affidavits filed with the information or from other evidencethat there is probable cause to believe both that a crime has beencommitted and that the defendant has committed it.
(2) Except in traffic infraction and cigarette or tobacco infractioncases, when a prosecution is begunby the filing of an indictment orinformation, upon which the judge has made a finding of probable cause asprovided in subsection (1), a warrant for the arrest of thedefendant shall issue forthwith unless otherwise directed by the court. Infelonyand misdemeanor cases, the courtmay order that a summons issue instead of a warrant. In traffic infractionand cigarette or tobacco infraction cases the court shall order that asummons issue instead of a warrant.
22-2303.Prosecution begun by filing indictment orinformation;issuance of warrant; summons.(1) When an indictment is returned, as provided by K.S.A.22-3011, and amendments thereto, aprosecution shall be deemed to have been begun. In misdemeanor cases,cigarette or tobacco infraction cases andtraffic infraction cases aprosecution may be begun by filing an information in the district court.Such information shall be verified positively or shall be accompanied byaffidavits stating the facts constituting the crime charged. When aninformation is filed under this section further proceedings shall be hadonly after the judge has determined from the information, or from anaffidavit or affidavits filed with the information or from other evidencethat there is probable cause to believe both that a crime has beencommitted and that the defendant has committed it.
(2) Except in traffic infraction and cigarette or tobacco infractioncases, when a prosecution is begunby the filing of an indictment orinformation, upon which the judge has made a finding of probable cause asprovided in subsection (1), a warrant for the arrest of thedefendant shall issue forthwith unless otherwise directed by the court. Infelonyand misdemeanor cases, the courtmay order that a summons issue instead of a warrant. In traffic infractionand cigarette or tobacco infraction cases the court shall order that asummons issue instead of a warrant.
